Terms of Service
1. Agreement to these terms
These Terms of Service ("Terms") are a legal agreement between you and Philippines Dive and Travel Ltd ("we", "us", "our"), the operator of TSD Masters ("the app"). By creating an account or using the app, you agree to these Terms. If you do not agree, do not use the app.
2. About TSD Masters
TSD Masters is a free educational and community app for divers, focused on marine species identification, sighting logs, and engagement with the dive sites operated by Thresher Shark Divers and its partners. The app is provided "as is" for personal, non-commercial use.
3. Eligibility
You must be at least 13 years old to use TSD Masters. If you are under the age of majority in your country, you may only use the app with the consent of a parent or guardian. By using the app, you confirm you meet these requirements.
4. Your account
- You are responsible for keeping your account credentials secure.
- You are responsible for everything that happens through your account.
- You must give us accurate information when you sign up.
- One account per person. Do not impersonate anyone else.
- Notify us immediately if you believe your account has been accessed without your permission.
5. Acceptable use
When using TSD Masters, you agree NOT to:
- Upload content that is illegal, obscene, hateful, harassing, defamatory, or infringes anyone's rights.
- Upload photos or content that are not yours, or that you do not have permission to share.
- Misrepresent species, dive sites, or sightings deliberately (occasional honest mistakes are fine; that is part of learning).
- Share content that promotes harming, harassing, feeding, riding, or otherwise disturbing marine wildlife.
- Use the app to spam, scam, or solicit other users.
- Attempt to break, hack, reverse-engineer, scrape, or otherwise interfere with the app.
- Use the app for any commercial purpose without our written permission.
We may remove content or suspend accounts that violate these rules, at our discretion and without notice.
Zero tolerance for objectionable content and abusive users. Reports of objectionable content or abuse are reviewed and acted on within 24 hours, including removing the content and where warranted ejecting the user who provided it. Any user may block any other user instantly from the in-app Block control; blocks remove the blocked user's content from your feed immediately and are also reported to our moderation team for review.
6. Your content
You keep ownership of the photos, sightings, comments, and other content you upload to TSD Masters ("Your Content").
By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce, and distribute Your Content within the app and across our owned channels (website, social media, marketing materials) for the purpose of operating, promoting, and improving TSD Masters and Thresher Shark Divers. This licence ends when you delete Your Content from the app, except where we have already used it in materials that cannot reasonably be recalled (for example, a printed brochure or an already-posted social media post).
You confirm that you own Your Content or have all necessary rights to upload it, and that it does not infringe anyone else's rights.
7. Our content
The app itself, including the design, code, text, species information, illustrations, photos we have uploaded, and the TSD Masters name and logo, is owned by us or our licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
Some species photos in the app are used under Creative Commons licences or with photographer permission, and are credited in the app. Those photos remain the property of their original photographers.
8. Dive safety disclaimer
TSD Masters is an educational and community app. It is NOT a substitute for:
- Proper scuba diving certification and training.
- A pre-dive briefing from a qualified guide or instructor.
- Sound personal judgement about your skills, conditions, and limits.
- Local dive operator advice and supervision.
Diving carries inherent risks, including serious injury or death. You are solely responsible for your own safety, your training, your equipment, and your dive decisions. Dive site information shown in the app (depth, currents, marine life) is general and may not reflect current conditions. Always dive within your training and certification level, and follow the guidance of qualified local dive professionals.
9. Wildlife conduct
TSD Masters exists to celebrate and protect marine life. By using the app, you agree to follow responsible diving and wildlife guidelines, including not touching, chasing, riding, feeding, or otherwise disturbing marine animals. Content showing harm to marine life may be removed and accounts may be suspended.
10. Privacy
Our handling of your personal information is governed by our Privacy Policy, which is part of these Terms. Please read it.
11. Service availability and changes
We work to keep TSD Masters available and reliable, but we do not promise uninterrupted service. We may add, change, or remove features at any time. We may suspend or shut down the app entirely, with reasonable notice where possible. The app is provided free of charge and we are not obliged to maintain it indefinitely.
12. Suspension and termination
You may delete your account at any time from within the app. We may suspend or terminate your account if you breach these Terms, abuse the service, or for legal, safety, or operational reasons. On termination, your right to use the app ends immediately, though some provisions of these Terms (intellectual property, liability, disputes) survive.
13. Disclaimers
TSD Masters is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that species information, dive site details, or community content are accurate, complete, or up to date.
14. Limitation of liability
To the maximum extent permitted by law, Philippines Dive and Travel Ltd, its affiliates, owners, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, diving experiences, or other intangible losses arising from your use of (or inability to use) the app. Our total liability to you for any claim relating to the app is limited to USD 100 or the amount you have paid us for the app in the past 12 months, whichever is greater. Nothing in these Terms limits liability that cannot be limited by law (for example, fraud, death, or personal injury caused by our negligence in jurisdictions where such limitation is not permitted).
15. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the app, or any content you upload that infringes someone else's rights.
16. App Store and Google Play
If you downloaded the app from the Apple App Store, the following also applies:
- These Terms are between you and us, not between you and Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide any maintenance or support for the app.
- In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (which is zero, as the app is free). Apple has no other warranty obligation.
- Apple is not responsible for product claims, third-party intellectual property claims, or regulatory compliance for the app.
- You confirm you are not located in a country subject to US embargo and are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded the app from Google Play, Google Play's own terms apply alongside ours. Google is not responsible for the app or its content.
17. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before the changes take effect. Continued use of the app after changes take effect means you accept the updated Terms.
18. Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-laws principles. Any dispute that cannot be resolved informally will be brought exclusively in the courts of Cebu, Philippines, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or stop misuse of the app.
19. Miscellaneous
- If any part of these Terms is found unenforceable, the rest stays in effect.
- Our failure to enforce a right does not waive that right.
- You may not transfer your account or these Terms to anyone else without our written permission.
- These Terms, together with our Privacy Policy, are the entire agreement between you and us about the app.
20. Contact
For questions about these Terms, contact us at:
Email: dive@thresherdivers.com
Postal: Philippines Dive and Travel Ltd, c/o Thresher Shark Divers, Logon, Daanbantayan, Cebu 6013, Philippines.